because i know about some of that reality tv. jenna: just because. jon: thank you for joining us on monday. jenna: "america live" starts right now. megyn: jenna could get her -- not that she's pregnant -- she could get her future baby's names, snooki gibson. no, her husband's last name is not gibson. we're not alerting that, we're alerting this: new political fallout -- jenna gibson, that's a booker who used to work here. jenna lee -- girlfriend's not up to speed, and it's only monday! fallout over the president's public support for same-sex marriage that could effect both control of the senate and the race for the white house, and that is where we begin this monday edition of "america live." welcome, everybody, i'm megyn kelly. the story started developing this morning with a political analysis piece filed in "the hill," new indications of numbers that democratic senators

are backing away now from the president's same-sex marriage stance. this includes at least five well-known democratic senators, all representing states with laws that ban same-sex marriage including bill nelson down in florida, bob casey in pennsylvania -- florida and pennsylvania, swing states, of course, considered critical to the president's re-election bid. chris stirewalt is host of "power play" on foxnews.com. so you say this is an alarming trend for president obama. why? >> well, it's alarming in the sense that you're dealing with a small universe of potential states for anybody to battle, and anytime you have an issue like this that crops up in places that you've got to win or you need to keep your opponent from winning anyway, you have to wonder. and if you're obama, basically, these lawmakers are falling into a couple of different categories. one, are the folks who are like you, who are similar to you like claire mccaskill out in missouri on this issue, in a state where your stance is not going to be popular.

that means that there's potential more downdraft on the whole democratic ticket in that state. then you look at a state like pennsylvania where you have a democrat in bob casey who has a different view than the president on this subject, and there maybe you have to have -- if you're bob casey -- maybe you have to put a little more distance between yourself and the president and that, in turn, highlights an unpopular stance for the president in that state. so whenever you have democrats that either have to embrace an unpopular stance of yours or distance themselves from it, that's not what you want to see. megyn: but we are being told more and more these days that this is becoming a rights -- an issue of, you know, possible bigotry, that the gay rights lobby is trying to paint those who are opposed to marriage equality as bigots. and so, and with the president saying what he said to robin roberts, you know, the pressure's been increased on people, so goes, you know, the notion.

so these democratic senators don't seem to be buying that, chris. does it undercut that argument? >> well, look, the president here is trying to make a kind of a theological argument in a hope that he can hold on to those evangelical voters that he did better with in 2008 than democrats traditionally have. remember, he won more than a warter of evangelical voters which is not too shabby, that's at least five points better than john kerry -- megyn: he used to be making a theological argument, but we looked into this because here's president obama last time around. listen to him then. >> define marriage. i believe that marriage is the union between man and a woman. now, for me as a christian -- [applause] for me as a christian, it's also a sacred union. you know, god's in the mix. >> uh-huh. megyn: so there he is talking to rick warren, and he's talking about how god's in the mix, and that union is between a man and

a woman. now, how does he keep the theological argument going? >> he argues he reads into the new testament and says that the golden rule, do unto others as you would have them do unto you that he can see in the teachings of jesus christ an argument for gay marriage. well, guess what? for those evangelical voters, that's not cool. they don't prefer to have that characterization made, and, in fact, his support, his expressions of support for what those folks call traditional marriage in 2008 was a big part of letting a lot of evangelicals -- especially young evangelicals -- say, you know what? this guy's okay. we usually vote republican, but this guy's okay. now you have all these pastors coming out saying obama's doing the wrong thing and misinterpreting the scriptures, and it's going to make it harder for those same voters to come back to him, and if i was a u.s. senator that's a democrat, i'd

be quite concerned in states with large evangelical or orthodox populations. megyn: right. here's my question, brit hume said this is going to wind up being a net negative for the president because even though the wide polls sort of asking a majority of americans, even though they have shown a significant shift toward favors gay marriage versus eight years ago or four years ago, he believes that people may be telling the pollsters something different than what they actually believe if you look at the numbers of states that have banned gay marriage, thus the risk to pram -- president obama in american voters, not to mention these top democrats coming out when push comes to shove on the opposite side of where he is. >> it is not surprising for me to say brit hume was quite right. [laughter] and the fact of the matter is this, not only is there a suppressed effect to antis and

polls, because people don't want to say, yeah, and don't let 'em get married either, there's that factor. then there's also the fact if pollsters asked this question: how would you like this topic to just disappear? on the other hand, people who are opposed, those folks don't let up, and they stay on the fight, and that's why when it goes to polls, overwhelmingly banning gay marriage succeeds. megyn: west virginia, florida, montana, missouri, all parting ways with the president on this issue. chris stirewalt, thank you, sir. >> you bet. megyn: earlier today the president's re-election team unloaded on governor romney with an attack that involves a new web message, a campaign ad and a conference call for reporters. they are attacking mitt romney's past at bane capital -- bain capital. it's gone into the general election now, and the president's re-election team unloading a message that plays

up the concept of, quote, absolutely churl capitalism. vulture capitalism, claiming bain made big bucks after taking over a steel company that eventually went bankrupt. here's a piece of that. >> they issued $125 million of bonds, and out of that $125 million debt, they paid themselves almost $40 million. >> it was like a vampire. they came in and sucked the life out of us. >> they made as much money off it as they could, and they closed it down, they filed for bankruptcy. megyn: as we mentioned, newt gingrich rolled out some of these same claims in january during the gop primary. "the washington post" at that time fact-checked those claims by gingrich and slammed them as inaccurate, giving them three pinocchios. even one of the president's former advisers this morning decried this ad as unfair. so why would the re-election team for the president choose to revisit this particular line of

attack? we will take a fair and balanced look at that just ahead. jenna lee's husband's last name is babbin. snooki lee babbin. you've got to consider that. [laughter] there's also a developing story we're tracking on iran's suspected nuclear weapons program, and it involves a drawing based on investigations smuggled out from inside an iranian military site. experts tell us this looks like an explosive claimer. -- chamber. so far iran neither confirms, nor denies the existence of the chamber, but we will speak about it with ambassador john bolton in our next hour on "america live." also getting new details on the deadly violence in syria, government forces cracking down on defiant civilians leaving thousands dead, we're talking over 9,000 people who have died.

now we're getting reports that iran is playing a key role in keeping the dictator, bashar assad, in power. leland visit earth is live in jerusalem with more. >> reporter: we've now learned that syria's certainly a prize worth fighting for. we have al-qaeda involved, the syrian opposition, that's who's putting out those amateur videos that are so tough to watch, and then you have the syrian government backed up by a lot of foreign powers, and now we're learning those foreign powers are giving the syrian government a lot of help. to syria's west, thousands of highly-trained, well-armed and dedicated hezbollah fighters. to syria's east, its longtime ally, iran, with its thousands of revolutionary guard members. western intelligence sources tell fox news both groups are now more focused than ever to keep longtime ally syrian

president bashar assad in power. >> for iran syria is a very vital link. to cut or to topple bashar is, in a way, actually, to hit or to damage iranian interests in the region. >> reporter: sources say iran has helped create a shadow army for syria made up of foreign fighters and regime loyalists to take on the most unsavory of activities. they are helping the syrian army put down mass demonstrations, interrogating, torturing alleged protest organizers as well as on the syrian army's artillery assaults against targets like homs. complicating matters is al-qaeda's intras into the civil war. recent suicide car bomb, in damascus have all the hallmarks of an al-qaeda attack as it tries to create another failed state. now, our intelligence sources here in the region tell us that they have known about this

shadow army for a long time. it's been in existence for almost a decade now, and about two years ago, megyn, a couple of those generals who were running this shadow early met, shall we say, an early and suspicious december poise. however, the iranians over the past couple of months now have seen just how important it is to keep assad in power. the shadow army is something that is key to doing that, and they're now working hard to rebuild it. megyn, back to you. megyn: leland, thank you. well, a man who has made the president's so-called enemies list is now speaking out about it. he now is offering reasons as to why he thinks he's been targeted as, quote, less than reputable and being on the wrong side of the law. not to mention a, quote, bitter foe of the gay rights movement. just a few of the accusations made against this private citizen by the president's re-election campaign. in three minutes we will speak to "the wall street journal" reporter who's been covering this issue from the very beginning, and she stands virtually alone on that.

and with reports of shocking behavior by actor john travolta suddenly pop being up from multiple sources today, we're getting reports that the original case against him could be heard behind closed doors. one of them could be heard behind closed doors, and one of them could be going away altogether. what does it tell us? we'll update you. and the search for a missing girl in tucson, arizona, taking a new and strange turn. now the child's father -- remember, they say she was taken out of her bedroom in the middle of the night never to be seen again -- now her father is being denied contact with his other children. why? mark fuhrman is here. ♪ >> look at me. dad, why are you getting that? is there a prize in there?

oh, there's a prize, all right. [ male announcer ] inside every box of cheerios are those great-tting little o's made from carefully selected oats that can help lower cholester. is it a superhero? kinda. ♪

the world needs more energy. where's it going to come from ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projects in the world. enough power for a city the size of singapore for 50 years. what's it going to do to the planet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪

>> mr. president, in 1969 and the first half of 1970, i was a wet-behind-the-ears staffer in the nixon white house. based on that experience in my 40 years since then in and out of public life, i want to make what i hope will be a friendly suggestion to president obama and his white house. and it is this: don't create an enemies list. ,. megyn: that was tennessee senator lamar alexander back in 2009 warning the obama administration not to make the same mistake as the nixon administration. but some say that's exactly what president obama's re-election campaign is doing right now after the campaign posted a web site with the names of private citizens who gave big money to support mitt romney and described those donors in less than flattering terms. now we have an update on a story that we told you about last week concerning one of the names listed. frank van der sloot, an investigator with the political

opposition research firm, started digging up mr. van der sloot's old divorce records after he was named on that list by the campaign for the president's re-election. "the wall street journal" started looking into it, and kimberly strassle is the columnist who has been following this from the beginning. thank you very much for being here. so you spoke with mr. van der sloot, but the we're is the other eight who are on the list because these guys have been notoriously quiet since being identified and called out in less than flattering terms. have you found out about any efforts to look into anybody else's background? >> not so far. there's actually seven. although, what's interesting here is at least one of them wrote a letter to our newspaper after the first article about this came out just talking about the list, and he actually said that what was amazing to him is that he had managed to get on giis list even though he had ven money to both republicanses and to democrats.

so it's a very curious standard that the obama campaign has chosen for who they were going to call out and identify mr. van der sloot so far is the only one that there has been some evidence that there has been deeper digging by some sort of outfit into his history. megyn: so this outfit is called fusion gps, run by one of your former colleagues at "the wall street journal," right? >> yes, a former "wall street journal" reporter started it, and a couple of "wall street journal" reporters wrote work there, and they promote themselves as an organization who does strategic research for hire. some people would call that opposition research. and the big, remaining question is who has actually hired them to do this research into mr. van der sloot. megyn: okay. it is not unusual for big politicians to do this to one another. when sarah palin was on the gop ticket, we all remember all the reporters who flocked to alaska, i mean, this is how it goes if you put yourself out there as a

candidate for office mr. van der sloot hasn't done that. he's made a donation to a pac, i guess, that supports mitt romney. is there, is this unusual, is this, you know, is this more unusual in your experience? >> it's hugely unusual because, yeah, i mean, he has gone out there, he's made a donation and, obviously, there is no right to privacy that comes with making a political donation. but i think that there are some things, there are boundaries in politics, and it is one thing, as you say, to go after and to look into a candidate who's put themselves out there for office because they're the ones that are asking people to elect them, and you could make the argument you need to know something about their past. there's no legitimate argument necessarily for going and dig into the divorce records, of all things, of a man who gave money to a romney-supporting super pac. i think that's strange and out of bounds. megyn: how does it work? i mean, it's obvious, most divorces are unpleasant experiences, and unfortunately

allegations are made, so if you wanted to humiliate somebody about divorce or litigation records, you could. but how would it work against a private citizen like mr. van der sloot? you can't run an ad saying a bad man. >> no. in this case some states have sealed divorce records, it would appear out in idaho these are public documents, and that's for sure. i mean, i don't think there's anything illegal going on in terms of requesting them -- megyn: what do they do, do they leak it to somebody to try to make him look bad? how is it used? >> yeah. that's usually how opposition research works. they dig this stuff up, and then they give it to whoever hired them, the campaign or if there is maybe a political outfit like the dnc or a rival super pac, then they would leak it to reporters, or they would leak it to pundits or to people who were on their side to go out on web sites -- megyn: and say, oh, mitt

romney's getting money from this kind of a person. >> from this kind of guy, and this is what you found in divorce records. also one other thing that's interesting here, megyn s that, you know, often i have been told that the way these people are hired is they're not outright hired by these organizations. often the organizations will give money to a more reputable-looking company. megyn: what did the campaign say? did you reach tout the obama campaign on the appropriateness of this? >> no one has heard, as far as i know, anything from the campaign, and we haven't sent anything back from fusion gps and did ask who is paying you to do this, and i haven't had an answer to this. megyn: we'll keep waiting. >> okay. megyn: kim, thank you. >> thank you. megyn: we have reports from our southern border today about brutal new violence by the drug cartels, more than four dozen decapitated bodies is just the latest sign that the fight for control of the u.s. drug trade

in mexico is spiraling out of control. trace gallagher on what might be behind this. and the president's campaign went after the romney campaign, and one of the president's former advisers is calling it unfair. why are they doing this?

megyn: we are looking live at pictures out of new york city as president obama is about to deliver the commencement address at barnard college, an all-women's college that is the sister school to columbia university, the president's alma mater. you can watch the entire thing streaming live right now on our web site which is at foxnews.com. well, new information on a gruesome scene just across our southern border. nearly 50 bodies found dumped

along a highway near monterey, mexico, horribly mistreated. this is just about 125 mile, folks, from the border of texas. trace gallagher is live in our west coast newsroom with the unimaginable details. trace? >> reporter: megyn, in the four-plus years we've been covering these mass murders in mexico, i don't think we've seen a string of violence like this. 49 bodies that were dumped off the side of a major highway that runs from monterey, mexico, into southern texas. all of the bodies had their heads removed as well as their hands and feet making it very, very difficult to identify them. the zeta cartel also put their graffiti on scene, taking responsibility. and of the 43 men and six women, some of them had tattoos which is a religion down there that many say is a cult, that's a devil-worship religion, very popular among drug traffickers. we talk about a string of violence, i want to show you how bad it's gotten in just the past

30 days. we mentioned the 49 bodies found in monterey, mexico, just a few days prior to that 18 more bodies found in guadalajara, the second largest city in mexico. also decapitated and tortured. a few days before that in knew waive slow laredo which is about 500 yards from laredo, texas, 23 bodies also tortured. in april 14 bodies found again tortured and, finally, to wrap up those 30 days, april 12th, seven bodies found hanging in larazo, and they're fighting, megyn, for these drug core terse into the united states. the more successful those corridors are, the more drugs you get in, in other words, the more valuable they become and, as you can see, the cartels are willing to do anything to make sure those lanes, if you will, belong to them. megyn? megyn: unbelievable. trace, thank you. >> reporter: okay. megyn: one of the big political stories of the day, the

president's team rolls out an attack on mitt romney, slamming him for his record in the private sector. but they did leave out one very key fact from this ad. we'll tell you what it is and why there's now pushback on that. and the search for a missing girl -- no, there's an update on reese witherspoon and this whole ridiculous mess with her step dad. but in the meantime, there's an update on this missing girl in tucson, and the case has taken some serious twists and turns. the latest may be among the most puzzling. why this girl's father whose emotional plea for her return was played on newscasts across the country is now being denied access to his remaining children. >> we are looking, we're looking for you, isa. we love you, and we miss you so much. and we will never give up, we will never give up looking for you. [ male announcer ] if you think tylenol is the pain reliever orthopedic doctors

recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain. two pills can last all day. ♪ [ crowd chatters and groans ] ♪ [ male announcer ] hunger getting to you? ♪ grab a ritz crackerfuls. made with real cheese and whole grain. get hunger before it gets you. what happens when classroom teachers get the training... ...and support they need? schools flourish and students blossom. that's why programs like... ...the mickelson exxonmobil teachers academy... ...and astronaut sally ride's science academy are helping our educators improve student success in math and science. let's shoot for the stars. let's invest in our teachers and inspire our students. let's solve this. at bank of america, we're lending and investing in communities across the country.

from helping to revitalize a neighborhood in brooklyn... financing industries that are creating jobs in boston... providing funding for the expansion of a local business serving a diverse seattle community... and lending to ensure a north texas hospital continues to deliver quality care. because the more we can do in local neighborhoods and communities, the more we can help make opportunity possible.

[ woman #2 ] even my laundry started to get a funny smell. [ female announcer ] got a bad odor in your high-efficiency washer? clean it with tide washing machine cleaner. [ female announcer ] three uses will help remove odor-causing residues and leave your washer clean and fresh. to help maintain your he washer, use tide washing machine cleaner once a month and always wash with tide he detergent, specially formulated for proper he performance. tide washing machine cleaner. clean laundry starts with a clean washer. megyn: welcome back, folks, 1:32 here in the east, and we are tracking a couple of developing stories right now including outgoing yahoo! ceo, scott thompson, now saying he's leaving the company because he has thyroid cancer. earlier reports speculated he was stepping down amid allegations he lied about having a degree in computer science. john edwards' defense

arguing that the money that went to edwards' mistress was not a campaign contribution. they've been arguing all along, it was a gift, and he knew nothing about it. well, the president's re-election team today releasing a controversial new ad attacking mitt romney's business credentials. the six -- well, it's a six-minute piece, but the ad that's being launched in several key states is two minutes, and it takes a line of attack that's already been called inaccurate and unfair at least by "the washington post," but we're going to let you decide if this one is different. it focuses on governor romney's former firm, bain capital, and its takeover in the early '90s of a small steel mill that more than ten years later -- after mitt romney had already left bain as its ceo -- was eventually shut down. here's part of the ad. >> they issued $125 million of

bonds, and out of that $125 million debt they paid themselves almost $40 million. >> it was like a vampire. they came in and sucked the life out of us. >> they made as much money off it as they could, and they closed it down, they filed for bankruptcy. megyn: here with me now to debate it, brad blakeman, former deputy assistant to president bush, and dick harpootlian, chairman of the south carolina democratic party. romney, he may technically have been on the letterhead at bain, i'm not sure of this exact date, but he was no longer running the company, and that seems clear. i want to ask you, brad, because the "the washington post" came out and gave this type of claim three pinocchios saying anything they said -- let me get it right. romney's record when he was running bain is fair game, but any deals made after 1999 shouldn't count. this one was shut down in the

early 2000s, is it being misused? >> absolutely. this is the obama attack machine. if you have nothing good to say about your own record, then demonize the person you're running against. "the washington post," not known as a conservative publication, gave it three pinocchios saying they fully investigated this when gingrich alleged it, and it's false. the fact of the matter is, they don't talk about ten years before that when romney was in control, and he saved thousands and thousands of union jobs at this same steel mill. you should only be responsible for that which you have control and command of the same as obama now has a record of three and a half years as our president, and he should be judged on that record. the fact is, there is no record to be judged on because it's so abysmal on the economy that he's going after romney. megyn: dick, the former ceo of the company that is featured in this ad, the steel company, he absolves romney of any of the plants closing, he said it

closed because we couldn't compete with the flood of cheap foreign steel pouring into the united states, but the american and iron institute said it was soaring imports hammering the industry at that time that led to bankruptcies of nearly half of the u.s. steel industry back in this time. can you really pin this one on romney? >> well, two things. first of all, after gingrich made his accusations and "the washington post" pushed back, they did further research. mitt romney was the ceo of this company through the time period in 2001 when they went bankrupt. two, he owned all the voting stock through 2001 when they went down. this is the mitt romney game plan which is to cannibalize these companies. now, they went bankrupt because they're mismanaged. these guys were managed into bankruptcy. and let's remember who we're dealing with. this is a guy who said let the auto industry go bankrupt -- >> that's exactly what happened though, dick. >> now, wait a minute.

whoa, whoa, whoa, brad, let me finish. megyn: let him finish. >> brad, let me finish. this is a guy who was born very wealthy, born on third base, thought he hit a trip and wants everybody to believe he's one of us. he isn't one of us, he doesn't care about the average person. >> that's nonsense. megyn: i want to let you respond but even though romney, yes, he may technically have been ceo when the thing went bankrupt, but he was no longer running bain, he was running the olympics, and this wasn't really under him. but, brad, he was there for the ten years prior to that when the guys in this video claim their company was being raided. they say bain put in 12 million -- they put in $8 million in 1993, they got back 12 million, and point these guys are making was that, this their view, there was no care for the american worker by this company. >> that's nonsense. they're an equal amount of workers who are not on the video

who were interviewed who said thank god for bain capital, it kept us alive longer than we would have been but for the decisions made by mitt romney. so when you talk about saving jobs, our president -- when he took over general motors -- thousands and thousands of jobs were taken off a company be that could not sustain itself as it was, and the government had to come in and bail out a private industry, dick. you have a convenient memory. i'd like to put the job creation of mitt romney against the job depreciation of this president over the last three and a half years. we have a failed stimulus that the president promised us, if passed, would not have american unemployment nationally above 8%. it hasn't been below 8 president be. we have record foreclosures, record bankruptcies. so when you talk about a business acumen of a community organizer versus someone who's run a state and businesses, i'm putting my money on the businessman as opposed to a failed president who hasn't delivered on any of his promises. megyn: what what of that, dick?

the romney campaign said we welcome the obama campaign's pivot back to jobs, but is there a danger to the president who's, you know, by many accounts sort of pivoting to cultural issues right now in trying to shine the spotlight back on job creation which is not something he did any of prior to his role as a politician? >> well, i think it's important. i had dew value patrick, the governor of massachusetts, here friday night as my guest. and he took over from mitt romney. massachusetts had a, it was 47th out of 50 states in job creation under mitt romney. mitt romney, by the way -- talk about big government -- was the first guy to pass obamacare. he was a guy who looked to government to solve the salt lake city olympics problem. he got massive amounts of government money when he needed it, so who's changed their stripes? barack obama hasn't. mitt romney says one thing, does something else.

and by the way, when he needed to make money, he didn't care -- he thought the foreclosure -- megyn: i have to go, but i want to ask you very quickly. this did not work for newt gingrich in the primary, but that was republicans. might it have a better effect on independents out there? >> no, i don't think so. they have to feed their families, educate their children, and if they have a job, they're not being paid probably what they're worth, they're underpaid or underemployed, and a lot of people have given up in this economy. this president's going so much to much -- to have to stand on his record. romney cannot win the presidency just by attack, he's got to offer an alternative, but this president has nothing good the stand on, so he's using his propaganda machine to take down mitt romney. it won't work. megyn: dick, last question. of even one of president obama's former advisers went on tv today and called this ad unfair. is it unfair? >> no, i don't think it's unfair. i wanted to point out, i was going to george clooney's house

for dinner, i went, and we talked about you. and i think you ought to invite him on your show. george would be more than happy -- [laughter] megyn: oh, really? i don't know if i want to know what was said. but he's welcome anytime. we're going to e-mail him now. thanks, dick, thanks, brad. >> anytime. megyn: dick said his wife was like, we're going to this one. you drag me to all these other events. well, fox news has extensive analysis on this ad. it's all over at foxnews.com/politics, and it's also in today's power play by chris stirewalt which is always very worth reading, worth your time. if you read one political piece of the day, i recommend that one. again, foxnews.com/politics. also from the campaign trail today, a new polling trend showing up on how americans feel about the job the president is doing. we'll look at what could be driving the latest numbers at the top of the hour. and a new and puzzling twist in the search for missing

6-year-old isabelle out in arizona. she was taken from her bed in the middle of the night, according to her parents. look at this poor child. look how happy she is here. now this girl's father, who made an emotional plea for her safe return, is suddenly being told he cannot see his other children. mark fuhrman is here with some insights right after this break. ♪ a party?

[ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! in blueberry/pomegranate and peach. you can't argue with nutrition you can see. great grains. great grains cereal starts whole and stays whole. see the seam?

more pcessed flakes look nothing like natural grains. i'm eating what i kn is better nutrition. mmmm. great grains. search great grains and see for yourself. megyn: well, bizarre developments todd in the case of missing 6-year-old isabel celis, in the middle of the night taken from her bed in tucson, arizona, according to her parents. now we learn her father is no longer allowed to have any contact with her two older brothers according to division of child and family services, and her parents are separated now. this is a stunning twist just days after the girl's father made this very public plea: >> we are increasing the reward.

just, please, please, to the person or persons who have isabel, tell us your demands, tell us what you want. we will do anything for her. we are looking, we're looking for you, isa. we love you, and we miss you so much. finish and we will never give up, we will never give up looking for you. megyn: joining me now, mark fuhrman. he's a former homicide detective for the lapd and a fox news contributor. mark, thank you so much for being back. now we learn the division of children and family services has taken his custody or his contact away from his other two children as they refuse to say that the parents are not suspects, they're not ruling them out as suspects. what does it tell you? >> well, megyn, when you look at this, the child protective services has one function and

one function only, and that is to make sure that the children are protected. the parents are separated, and it's been, it's been written and reported that they were, they separated at the advice or the recommendation of cps. so you have to wonder if child safety is at stake, that means the parents would be able to protect the children more than anybody else unless, of course, one of those parents is under the scrutiny of law enforcement, possibly with the disappearance of or death of the third child. they separate with the two children with the wife, it's pretty obvious what's going on here. megyn: the participants maintain this was sort of like a baby lisa case, where somebody came into the house, they believe, in the middle of the height and stole their 6-year-old daughter. they said there was a screen that was pushed in in her bedroom, and yet despite interviews of over 15 registered sex offenders in the

neighborhood and presumably dusting for prints on that window sill, mark, they've made no arrests and claim they have no suspects. >> well, megyn, you and i have talked about both these cases, and in the united states there is less than 15 of these cases of an abduction from a stranger into a home while it's occupied, and that would mean less than eight where there's a female. so i think the investigation, we don't know the forensics, the point of entry, the point of exit. we do know the parents took polygraphs. obviously, the mother satisfactorily passed that polygraph, but perhaps even if the father passed the polygraph, the forensics dispute his rendition of the events that morning. he was the person who reported the child missing, let's not forget that. megyn: uh-huh. they claim this doesn't mean investigators are turning their focus on the father, sergio

celis, they claim it's a common practice for child protective services to become involved, and all that's at issue is, quote, new information regarding the welfare of the older children. could it be something totally unrelated in the course of the polygraph they found out he had some history with the two older boys that troubled them? >> well, quite possibly, megyn. i've never heard of this in law enforcement in my entire time with the lapd or since. let's remember the susan powell case. the susan powell case, cps actually allowed visits of those two children even though the husband was, obviously, the suspect in the disappearance and/or probable murder of the mother. and now those two children are dead, and the father committed suicide. so cps did not do this to my knowledge in this circumstance ever that i've read about or personally was involved with, so i think it's rare, but i think it is a safety precaution that

they are not going to allow as the heat is going to be turned up somewhat, i believe, for those children to have access to their father or their father have access to them. megyn: mark, when you hear, you know, as a layperson when you hear the father making that emotional plea, you know, you want to believe him. it sounds real to those of us, you know, without any formal training in this law enforcement. how do you assess something like that? >> to be really truthful, megyn, i'm not affected by the emotion of people that are involved in these cases. i mean, if it's genuine, it's genuine, but i don't know these people. so i completely ignore it and look at the obvious and look what facts are presented. if you're inside of the case, the forensics, it's been enough time where the dna, the trace evidence and some of the more complicated forensic investigations and examinations, the results are back. and now you have to compare that with statements, timelines,

polygraph. and let's just remember, a polygraph isn't, isn't the final word. it is a tool. megyn: that's right. mark fuhrman, thank you. coming up in just a bit, breaking news out of iran, and we'll bring that to you. stay with us. wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: well, new developments today in a bizarre family feud for actress reese witherspoon. she's trying to gain legal control of her father's finances claiming he is unable to handle his own affairs, this as her mother sues her father claiming that he illegally married another woman. trace gallagher has the update live from our west coast newsroom. >> reporter: in fact, reese witherspoon's mom, betty, says she found out about this other marriage her husband had by

reading about it in the tennessee newspaper despite the fact they had been married -- or separated -- she and her husband are still legally married. she goes on to say, and i'm quoting here: i love my husband, and i do not want a divorce. he needs help, he has a problem with alcohol, he has a problem with hording which led to our separation. betty witherspoon goes on to say that john witherspoon who, by the way, is an ear, nose and throat doctor, is also suffering early signs of dementia and she knows that because she's been a nurse for 30 years. she says she confronted him about the marriage, and he denied knowing the other woman and does not remember the marriage. apparently, he didn't read the tennessean newspaper. now the concern is that this other wife will try to transfer all of john's assets into her name. in fact, the witherspoon family already believes that she's had him sign the will leaving everything to her. the new wife, by the way, tried to crash reese witherspoon's

marriage back in march but was not allowed in because she was not on the guest list, and now daughter reese is also trying to get involved to stop this woman from doing anything else. megyn: what a nightmare. all right, trace, thank you. >> reporter: okay. megyn: well, pat buchanan has made a career out of talking about the culture wars in america, and he is suddenly predicting the president's gay marriage announcement last week will have the culture warriors gearing up in a new way for 2012. he joins us live with one of the big stories from the campaign trail right now. plus, reports of inappropriate behavior by john travolta are suddenly popping up everywhere, but are they true, or is this all about a money grab? kelly's court takes on this case. and one woman takes her mermaid fetish to a whole new level. look at this! you will meet hannah frazier in our next hour. ♪

[ mrs. hutchison ] friday night has always been all fun and games

here at the hutchison household but one dark stormy evening... there were two things i could tell: she needed a good meal and a good family. so we gave her what our other cats love, rina cat chow complete. it's the best because it has something for all of our cats! and after a couple of weeks she was healthy, happy, and definitely part of the family. we're so lucky that lucy picked us. [ female announcer ] purina cat chow complete. always there for you.

did i ever think i would have heart disease. she just didn't fit the profile of a heart event victim. she's healthy, she eats properly. i was pushing my two kids in a stroller when i had my heart event. i've been on a bayer aspirin regimen ever since. [ male announcer ] aspirin is not appropriate for everyone. so be sure to talk to your doctor before you begin an aspirin regimen.

i know if i take my bayer aspirin i have a better chance of living a healthy life. [ male announcer ] learn how to protect your heart at i am proheart on facebook. megyn: a fox news alert on some new polling signaling a shift perhaps in the presidential race. the latest rasmussen daily tracking polls find 46% of voters approve of the way president obama is doing this job. 53% disapprove. rasmussen has found those numbers getting worse for more than a week. in a heat to heat matchup with

governor romney. rasmussen finds romney leads obama 48% to 44%. what could be behind his. joining me, guy benson and doug schoen. so that's the question. let me start you with you on this, doug. polls up go and they go down. next week could be the reverse. but what do you think is leading to this momentum to the week in favor of governor romney? >> i think it's mostly slippage for president obama, not anything governor romney has done. i think it is continued economic weakness, slower than expected job creation, an economy that is growing at less than 2%. a per accepting that we are not pulling out of a recession, and i believe the decision on gay

marriage which i know was heartfelt on the president's basis is something that is not popular with swing voters and we are seeing some reflection of that as well. megyn: the disapproval-approval number. 46% disapprove. rasmussen says that's the lowest approval for two months. it can't all be about gay marriage. >> it's not. it's about the economy. i think you will continue to see in many ways this long stretch and string of distractions that the obama campaign is going to throw out there. they want to talk about anything else, everything else, even if it's a net small loser for them like gay marriage. the longer people in this town and in new york are talking about gay marriage that means they are not talking about what

doug hit on correctly which is bad employment numbers. the workforce at a 30-year low, stagnant and kind of weak economic growth. there is a lot of negative numbers out there, and i think the people understand this president has not been successful in i am plemght an agenda that's going to reduce the deficit which is another huge issue and also grow the economy. megyn: doug, you advised a president when it comes to polling. here we are in may. the he is in november. how do you think this is looked at in the white house where you have rom nip emerging from a bruising primary and is 4 points ahead of the president in a head-to-head matchup. >> here is what a president would say when he hears think guys we have to do something. we are going down. we don't have good news to talk about. what david axlerod and his colleagues would be saying we

have to make governor romney unacceptable, unelectable. so the negative ad that started this morning on bain capital will be followed by other ads. megyn: there was an article that said this is early for the person in the oval office to go negative. if you look at president bush, they don't negative this early. george w. bush was in a tight race early on and seemed to do the same. >> i agree with doug. this is going to be about the destruction of mitt romney. i think the lead will exchange hands many times between now and november in these daily tracking polls. so i don't put too much stock in these ups and downs. it's mid-may. but structurally there is a problem. if he's floating in the mid-40%,

that's a danger zoner to an incumbent president. so he has to disqualify mr. i thought the segment you did and the debate you did on this new ad was important. it's a 2-minute ad. that's an expensive ad to be run where they are running this dishonest campaign on mr blaming him or layoffs after he left bane. if they are using false information now, i wonder what bottom of a barrel they might scrape in september. megyn: does the ad like the bain act work? it's in a lot of swing states and this is where president obama's war chest of money will help him. >> going back into the oval office the president would ask the same question you just

asked. here is the answer. it worked for ted kennedy in 1994 when mitt romney was ahead of senator kennedy in that election. the democrats used a bain capital effect with effect. and they are betting the same attack that worked 14 years ago with work now and it's the first of what will undoubtedly be many tough personal attacks on governor romney. megyn: here we go, guy, doug, thank you both. one more item from the campaign trail. north carolina democrats facing an open revolt ahead of the party's national convention which is scheduled to take place in september in charlotte. the state party chair david parker formally resigned this past saturday, but then was voted back in by party leaders. he has been struggling with a story that he allegedly sexually

harassed a former communications staffer. now there is a settlement and this comes at the same time democrats are complaining about holding their convention in charlotte after a vote last week to ban gain marriage in that state. -- to ban gay marriage in that state. some speculated that the president's ament could figure night the culture wars. pat buchanan is the former candidate who made that claim. he joins us in just a bit. big brother with robotic eyes in the skies. an unmanned aerial drone is a fixture in the war on terror.

drones plural, and they could be coming to an air space near you. the faa set to release plans to license domestic drones to law enforcement agencies across this country in the name of public safety. but what does it mean for your privacy. >> reporter: the case of a north dakota man is testing the legality of drones and use in domestic law enforcement cases after six cattle wandered onto his farm. the what the faa scheduled to make a decision on expanding the use of drones, advocates say they are a force multiplier for law enforcement. >> they are not going to be used for constant surveillance. typically they can stay in the air for 30 minutes. so they will only be used for specifics missions. >> reporter: increasingly they

are being used for domestic purposes inside the united states. first at the borders and now inside the country but that's raising questions about data retention and whether there is probable cause to turn the surveillance on to american citizens. two congressmen warn ... >> we don't want a situation where every time we walk out our front door we don't want to look up and see whether there is an invisible eye in the sky monitoring us. >> reporter: we are expecting that decision from the faa before the end of business today. megyn: thank you. there is an explosive development today involving iran. a new report suggesting the troag nation has tested key components of nuclear weapons in

a chamber they are keeping very private. ambassador john bolton is up next on what could be a game changer in the showdown with iran. plus what maybe a miracle amid an unspeakable tragedy after a plane headed to a christian youth rally crashes. why the sole survivor may be alive due to the act of a dying marine. did the president ignite the culture wars by announcing his support of gay marriage? pat buchanan tells us why he thinks this is a fight the president might want to avoid. >> it's not the kind of change america needs, it's not the kind of change america wants and it, not the kinds of change we can abide in a nation we still call god's country. a party?

[ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!

perfect golden color. rich in fiber. my dad taught me, and i taught my son out there. morning, pa. wait... who's driving the...? ♪ 99 bushels ofat on the farm, 99ushels of wheat ♪ [ male announcer ] yep, there's 8 filling layers of whole grain fiber in those fun little biscuits... so they stick with you, all morning long. kellogg's® mini-wheats cereal. [ mini ] yee haw! a big breakfast in a little biscuit. megyn: we have an update on this pastor in iran purportedly

sentenced to death for converting to christianity. the christian pastor has been in prison since his arrest in 2009. he was arrested base is a christian and he's trying to appeal his sentence. his lawyer was locked up and sentenced to 9 years in prison for defending him though the charges weren't connected to that. we have what could be an exclusive development in the iran showdown. a drawing we are told was smuggled out of iran from a controversial iranian military site. it was provided to the associated press by a country that is said to not believe iran's claim that the nuclear promise for peaceful purposes. this appears to be a nuclear test chamber that you would use

basically to make new jar weapons and it's sparking fears this could be another step by rawb toward that goal. john bolton, the former ambassador to the united nations joins me. ambassador bolton, i want to spend a question on whether you think this is genuine. reports say this is from a british-based nuclear consultant. it could be a test chamber outer could be anything. that's helpful. >> the idea that iran has used the facility to shape charged that would compress uranium or plutonium into critical mass to set off an explosion has been around for a while.

the first. you report was in the fall of 2004. paro -- parchon is the kind of place you would use to test explosives. at this point whether the inspectors can get a look at this device to get a better sense ... martha: this is a chamber you would need to conduct nuclear tests. this is what's there. the reasonable bass doer bolton is focusing on parchon is because they won't allow anyone access. iranians have been saying no. you can't come in. ambassador, how feckless is the

iaea? they came out and said they still remain positive about the possible expects of getting in there. >> i want to say something positive will the iaea. under the new director, they have taken a much harder line with the iranians. the previous director was practically in iran's pocket. if anything in the past year and a half since he took over, he has taken a harder line with iran than the obama administration has. this effort to get access is something that's serious. there is additional information that iran has been trying to clean up this site at warchan. so the stakes are high. i wouldn't be surprised if iran

lets the iaea in if they convinced there is nothing for them to find. megyn: are we to trust that? if there is nothing to find on may 14 or 15, does that mean there was nothing to find a month or two ago? >> quite likely not. which is why the iranians have been cleaning it up. they may have moved it to another base we are not familiar with. that part of their strategy to throw sand in our eyes in advance of the next negotiation session in baghdad next week, all intended to drag this thing out as long as possible. megyn: here is the quote from the iaea. we are here continue our dialogue with iran in a positive spirit. some are looking at this -- every other day we get something that suggests iran is developing

a nuke there. the anti-war crowd is saying this is all a bunch of bunk meant to justify possible war with iran. they are crying foul saying we have days to go with the p-5 plus. they say this is a quote. that's from the associated press report. >> they are good at that kind of hype. the first public news of parchan came from a report by abc news. jonathon carl was the reporter. all these well-known right-wing nut jobs at abc obviously spun this up years ago. a lot of people are concerned about parchon.

it's the place for iran to develop explosives needed for a nuclear weapon. this is not hype, this is reality. megyn: the next meet be of the p-5 plus is scheduled for later this month in baghdad. >> iran wants to show some relative amount of cooperationive behavior. they think the facility is cleaned up they will let the iaea in and iran says, what's the big deal. p-5 plus germany. they will go forward with talks in baghdad later this month. u.s. senate candidate elizabeth warren is back in the headlines in massachusetts. she is the democrat challenging

scott brown, the republican for his seat. she spark sad controversy by listing herself as a native american on her papers at harvard and another university. that was based on the claim that her great, great great grandma may have been cherokee. there is scene update on her claims and we'll have that just ahead. there are a number of sexual harassment allegations surfacing against across store john travolta. first was one, then two, now it's three. according to the lawyer handling the case it's now too many to list. this is a disturbing case. but is it a case of actual victims coming forward or a disgusting money grab by people who see an actor with a lot of money. "kelly's court" takes on that case. this young girl the sole survivor of a horrific plane crash. some people are calling this a

fir cal. we have the story of the hero who may have saved her life. >> i get a phone call that says your daughter hanna is fine. she is fine, she is with me. let's play indoors this weekend. all we need is a couple of gallons of our hardest-working paint... ...from the home depot. the place that gives us more top-rated brands than anywhere else... ...at prices that won't shake up our budget.

let's make a one-wall statement... ...or tackle a total room takeover ...with paint that'll get the job done in fewer trips up and down the ladder. more saving. more doing. that's the power of the home depot. the number one brand of paint just got better. starting at $24.96.

megyn: a heart-wrenching story of a hero saving the life of this christian university service. she is alive thanks to this marine who spent last seconds of his life dragging her from the wreckage. >> reporter: they were head to a christian youth event in iowa.

the pilot reported trouble flying over kansas. he was given permission to land and instead he crashed. the plane caught fire. three of the passengers were killed on impact. two people survived the crash it's believed that anderson who is a former marine pulled hanna out and together they were able to make to it a nearby road where they flagged down some help. both were taken by life flight to a hospital. but anderson's burns and smoke inhalation was too severe. he passed away two hours later. hanna's dad and her friends say austin is a hero. >> he would give his life for a friend. if he would go the extra mile. >> that's one of the only

comforting thoughts that before he died he had a relationship with god. >> reporter: after looking at damage, investigators say it is amazing those two were able to get out of this plane at all. hanna is still heavy sedated. she is off the breathing tube, but she has not told her side of the story. there is a strong belief when she tells what happened and how they got out of that plane that this hero story will be magnified. austin anderson, a 27-year-old marine, one of four who died in that crash. megyn: trace, thank you. coming up, hollywood star john travolta facing more reports of abuse on the massage table. why one of the original cases against him could disappear as more appear to be springing up. that's in "kelly's court." plus there may be a problem with

this fight for obama taking a stand on gay marriage after a number of states bandit. original culture warrior pat but can man is the but can. buchanan is here. >> this war is for the soul of america. i'm freaking out man.

why? i thought jill was your soul mate. no, no it's her dad. the general's your soul mate? dude what? no, no, no.

he's, he's on my back about providing for his little girl. hey don't worry. e-trade's got a totally new investing dashboard. everything is on one page, your investments, quotes, research... it's like the buffet last night. whatever helps you understand man. i'm watching you. oh yeah? well i'm watching you, watching him. [ male announcer ] try the new 360 investing dashboard at e-trade.

megyn: new fallout from a multi-billion dollar blunder at chase morgan bank. and elizabeth warren is weighing in on the mess. she is at the center of a major controversy herself after she listed herself as a native american while work at harvard among other institutes because her great, great great grandmother may have been cherokee. she is calling on jp morgan chase's ceo to step down from the board of directors of the federal reserve bank. she said it to demonstrate the wall street bangers get it. new signs that the president's

support of bay marriage. his personal support that he announced may have reignited the culture wars. the decision must -- my next guest suggests there could be backlash that ends up winning mitt romney new levels of support from christian conservatives. pat buchanan ran against george h.w. bush. welcome back to the program. "newsweek" has a cover article and they possible it -- they posit that the president is inserting the issue of gay marriage and reproductive rights into the campaign. they say this is a shift for

democrats that will work to their advantage. >> i don't think so. i think joe biden dragged obama out off the closet. as you read the new york times* this morning. the president is calling up black pastors who were with him overwhelmingly trying to persuade them of the wisdom of what he's doing and he's unsuccessful. north carolina. gay marriage, a ban on gay marriage won with 60% of the vote in a swing state obama-careyed just last week. in iowa where judges imposed gay marriage, thee judges were recalled and fired. the president has put his presidency at risk because this a cultural moral issues. when folks go to the polls. the overwhelming lima joart in 30 states with imposed a ban on

homosexual marriage. megyn: sally kohn says the number of north carolinians who came out and voted on that issue was very small and it won't be sat tame small sample. >> it's a record turnout in the republican primary despite the fact the republican race is all over. how dwrowrs guest explain in california in 2008 where obama was winning by one of the largest margins in history, 52% of californians voted to ban gay marriage. a majority of hispanics and 70% of african-americans. obama has issues basically against republicans that they are the party of economic royalists, wall street within the 1% and the rest of it. powerful issues. why would you take this cultural issue, issue of morality, stir up the republican base, the stole conservatives. bring them behind mitt romney

where they are going right now with this massive distraction. megyn: he seems to be suggesting it was a matter of personal, moral conscience for him, having supported bay marriage in 1996, then oppose it in 2004, had fully evolved to the point where he had to support it on a personal basis but while allowing states to decide on an individual basis what they want to do. >> that not credible for this reason. what's been considered the last 60 years? the great moral issue, civil rights. he decided this ought to be decide by state's rights. he's not going to put gay marriage into the democratic platform. if you believe in it deeply, why not. mitt romney says he supports a constitutional amendment

upholding marriage. i think the behavior of the president of the united states indicates this is not something he wanted to do or wants this election decide on. there was an argument as to whether the republicans would rally their base. the evangelical christians are ride together sound of the guns. megyn: the gay rights advocates say this is an i issue of bigot. the president didn't go as far as they would have liked him to, but he started to chisel away at the mountain much bigotry they see against them. and they are positioning this in a way that would suggest if you are against them on this issue, if you do not believe in what they term marriage equality you are a bigot. that is a powerful label for would-be voters. patti ann: it is. the "new york times" says mitt romney is attempting to enshrine

this bigotry in the constitution of the united states. what is that bigotry they are talking about? a traditional marriage concept that we have had for 2,000 years of christianity and western civilization that's rooted in scripture and rooted in every faith. what the president is attempting to do when he says equality of marriage web's attempting to impose a radical idea on the american people and to do it by coercion. the american people aren't accepting of this. they rejected it repeatedly. do you think for 2,000 years all of western civilization have been engaged in horrendous bigotry because they denied the right of homosexuals to mary? megyn: there is a lift of that in this country. we were bigoted against blacks

and it's not like just because it took us a long time to realize it it never happened. >> the idea of slavery was evil. we all agree with that. the idea of slavery was condoned in a lot of cases in american history and for 2,000 years. but where is the great religious faith that says homosexual marriage is a right of men and women to marry each other? it has not existed in american history. what you are saying is, billy graham, sphoap john paul ii, every pope throughout history, all these moral and religious leaders, augustus they were too side to rize the morality of d to realize the homosexual

marriage? obama hasn't gone so far as as to enshrine this into the constitution but that's what they want done. the fundamental beliefs of this country, in christianity and scripture sandra digs and all those ideas of right and wrong against a new secularist idea that is militant and no doubt gaining in strength. that the roost of the culture war. it's like abortion. these are the things that are dividing the country and they are going to continue. i didn't declare the cultural war. we just admitted it was there. megyn: you said a lot in that answer. a lot of our viewers will agree what what you said. will this election now focus more on the culture wars as you term it versus the way they were looking at this election prior to last week? i have got to run. pat, thanks for being here.

coming up, claims of inappropriate behavior have been playing one hollywood icon. but a new report shows john travolta may be in closed door talks with one of his accusers. are these bogus claims or is he trying to make the claims go away. taking a mermaid to the next level. the sea-loving model out in the deep blue ocean with her tail on. trace gallagher has more coming up. 3/. [♪] wake up!

that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8.

droid does. and does it laun apps by voice while learning your voice ? launch cab4me.

droid does. keep left at the fork. does it do turn-by-turn navigation ? droid does. with verizon, america's largest 4glte network and motorola, whater you want to do... droid does. [ man ] when i went to get my first new car, my dad said to get a subaru because they last. ♪ he drives a legacy, but i'm nothing like him. i got the new impreza. maybe i should have picked a different color... [ male announcer ] the all-new subaru impreza. experience love that last ♪ megyn: "kelly's court" is back in session. on the docket today. acai saitions again actor john

travolta continue to people. a mid masseuse says he was groped by travolta while giving him a massage. the second plaintiff to emerge has gotten travolta and his lawyer to agree to a private meade dwrietion resolve his claim. the plaintiff's lawyer is claiming more than 100 men have contacted him with tales about travolta's alleged hijinks. really? hundreds have contacted this guy and said me, too? that may be an exaggeration, it may be a falsehood. but i ask you this. you have at least three offering similar accounts. a fourth gay came forward saying it didn't necessarily happen to him personally but he claims travolta was band from the

peninsula hotel in new york because of his alleged behavior with the masseurs which he denies. >> i think he's being framed like the mona lisa. look at john doe number one. he could have a record dating back to the disco crisis. all these people are calling themselves john doe. but number one swore this was a horrible day that he will never forget and only $2 million is what will make him feel whole to take care of his pain and suffering. oh, yeah, i got the wrong dates. so he's gone. i feel like everybody is jumping in, they feel they will get a piece of john travolta. now with a closed mediation. everybody wants a piece of the deep pocket. megyn: arthur? if you are truly innocent, and

you are a public figure like john travolta, don't you say not only are we going to go to court, but i'll cross claim against you so fast it will make your head spin. i'll tell you what went down and there won't be anybody coming out of the woodwork to allege it happened to them because it's nonsense. >> a majority of these cases don't go that far because of what you just explained. here is the truth. i have handled some of these cases on both sides, as a plaintiff's attorney and defendant's attorney. sometimes the world of being a celebrity is worth it to you to quietly give someone $100,000 and make them go away. because it's going to be a distraction and cause you tons of money and you don't want the accusation. fist is thousand the media works. when you get accused it's on page won.

when you get exonerated it's on page 32. you don't even want the accusation out there. so that part i understand. however, these accusations sound credible. it's not like i was on a ski slope and john travolta corners me in a urinal facility. have you never heard of a happy ending? megyn: there you go. the tourists know what to do when they come to new york. mark, let me ask you, this could be a total money grab as you were pointing out. but do it give you any pause that lawyer is claiming he has got hundreds, he has scores of guys calling him up saying me, too, me, too. me, too. >> which lawyer? you mean the one i know about because he was brokering the

mini me sex tape? you mean the same one who swore john doe was credible in the one who claimed his happened january 16 when he was on the other coast? that one? if he wants to clear his name it will take 2, 2 1/2 years through a lengthy process? it doesn't move quickly. soy know what? you throw some money at it, it goes away. megyn: the other thing out there. rumors circulate in these rags we see in the supermarket. and the rumors have been throughout for a long time that john travolta is gay. there are rumors tom cruise is gay. they are both scientologists. could somebody be taking advantage of that? >> absolutely. here is the bottom line. let's say he's libeled. let's say he did it.

what is the damage. if he was getting a massage and he says would you like to massage me down here. megyn: it was a lot more than would you like to massage we down here. anybody would consider it abuse. >> but that's where the exaggeration is the most -- people are the most prone to exaggeration, to take someone hitting on you and blog it out of proportion to the tune of $2 million. megyn: self-gratification -- that is not -- >> i think it's difficult enough if somebody committed an assault like they are alleging, this person, this massage would go out and yell and say i was just abused. megyn: would they? er. >> would they be too embarrassed and say i can't believe what happened to me. >> just wait and try to get $2

million later on? megyn: i agree. that and the anonymous claim. if you are a criminal assault victim, why don't you file a criminal complaints. why do you get to keep your anonymity. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: a sea-loving model takes her mermaid obsession to the next level. making her own tail and training herself to hold her breath under water for two minutes. she is doing it for a good cause. what might that be? >> reporter: she says hunting whales is bad and she wants to bring people's awareness to marine biology and saving fish. her name is hannah fraser. she was inspired by daryl

hannah. when she was 9 years old she built her own tail. now those who see her think she is as close to a mermaid as you can possibly get. she can swim down to 45 feet using no diving gear. not only sharks and dolphins but stingrays and whales she swims with to promote conservation. she even wrote a children's book with her ex-husband called the surf errant mermaid. two minutes under water. she'll not eat seafood. she is a mermaid who won't. >> it. he is like you. pull a tail on you and you could be sisters. megyn: am i the only one watching this thinking this won't end well? i don't think the sharks have the same policy with regard to

human food. good luck to her. we'll leave it at that. thanks, trace. the trial of former presidential candidate john edwards continues. his deafs team is up. we'll have the latest just ahead. [ male announcer ] the inspiring story

of how a shipping giant can befriend a forest may seem like the stuff of fairy tales. but if you take away the faces on the trees... take away the pixie dust. take away the singing animals,

and the storybook narrator... [ man ] you're left with more electric trucks. more recycled shipping materials... and a growing number of lower emissions planes... which still makes for a pretty enchanted tale. ♪ la la la [ man ] whoops, forgot one... [ male announcer ] sustainable solutions. fedex. solutions that matter. :

>>megyn: "the avengers," in the $1 billion club, with production of $220 million, it is now one of only 12 movies in history to pass the $1 billion mark. worldwide. that's a good investment. also the first movie, ever to pull in more than $100 million in the second weekend. others making the $1 billion include "avatar," and "i'm king of the world." what's that from? "titanic." thank you for watching, everyone, the next "king of